A former Chief Executive of the Minerals Commission and founder of the African Institute for Extractive Industries think tank, Dr Toni Aubynn says many major mining companies in Ghana have not had their mining leases ratified by Parliament because of the enormous work at the Ministry of Lands and Natural Resources.

According to him, the mining companies cannot be blamed for the anomaly.

Rather, he said it was as a result of the chunk of work at the Ministry of Lands and Natural Resources, which has made it impossible for the ministry to complete its part of the process.

Commenting on the action taken by two Members of Parliament, Alhassan Sayibu Suhuyini for Tamale North and Ernest Henry Norgbey for Ashaiman, who have sued 35 mining companies, the Attorney-General and the Minerals Commission for violating Ghana’s Constitution by operating without Parliamentary ratification of their leases, Dr Aubynn argued that the approvals for the mining companies have delayed because there is the general inertia by the government departments that are to work on the approvals.

“If you look at the retinue of institutions that regulate it, you would be surprised, so they would definitely be delays,” he said in a radio interview with Accra based Joy FM.

In a suit filed at the Supreme Court on December 24, 2018, the plaintiffs [Suhuyini and Norgbey] argue that the companies which include Newmont Ghana Limited and Anglogold Ashanti have violated Article 268 of the 1992 Constitution by carrying out mining operations at a time when Parliament had not ratified their mining leases in accordance with Article 268 of the Constitution.

They further argue that unless Parliament ratifies or gives approval to a mining agreement, the holder of the mining agreement cannot carry on any mining activity; hence the 35 mining companies acted illegally.

The two legislators are therefore praying the court to restrain the mining companies from carrying on with their operations until the necessary ratification is done.

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